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HORSHAM Rural City Council is seeking clarity on the definition of a farm building before making a decision on a new policy.
The policy could mean farmers must seek a permit from the council before building a new shed on their farm.
The call for clarity comes after Councillor John Robinson moved a motion, during a meeting at Horsham Civic Centre on Tuesday night, that the council exempt class 10 farm buildings from requiring a permit for construction.
His motion responded to a council decision on March 19 that updated rules around farm buildings in line with state and federal building regulations.
Crs Robinson, David Grimble and Josh Koenig were absent from the March 19 meeting.
Planning and economic director Angela Murphy said the policy conflicted with the building code of Australia and Victorian building regulations, because farm sheds were not considered class 10 buildings, rather class seven and eight buildings that required permits.
The regulations define class 10 buildings as non-habitable including sheds, carports and private garages.
Class seven buildings are car parks or storage buildings for the display for goods that are for wholesale, while class eight buildings include factories.
Cr Robinson said farm buildings met the requirement of class 10 and the council should exempt farmers from needing a permit.
“The council’s press release said the policy was in conflict of the code, but the building regulations say that council may exempt a class 10 building that is to be constructed on farm land,” he said.
Cr Grimble said the new legislation was open to interpretation and allowed for flexibility. He said regulations were complex and believed the council made a decision without understanding the ramifications.
Mayor Pam Clarke said the council moved the original motion because its policy was outdated and contradictory. She said the council could not have a policy that contradicted state and federal government.
Cr Clarke said each case would be assessed by a building surveyor. She said the council did not have the power to make exemptions for farmers, but they could apply for exemptions.
Victorian Farmers Federation president David Jochinke said the new legislation caused confusion on where farm buildings sat under the new categories. He said he would speak with Planning Minister Richard Wynne to seek clarity on where farm buildings came under the new categories.
“We can’t get emotional and we need to get down to the facts,” he said. “The legislation has changed so we need to look at what can be done around minimising the regulations imposed on agriculture.”
The motion was laid on the table for consideration.